Track system

Question 1

Which court

Answer 1

• Personal injury claims below £50,000 must start in the County Court. Damage to property claims below £100,000 must start in the County Court.
• If the claim is over £50,000 for personal injury or over £100,000 for damage to property C can chose to start the case in either the County or the High Court (Queen’s Bench Division).

Question 2

Small claims track

Answer 2

• Used for cases where Cs claim is under £10,000 or £1,000 for personal injury.
• These cases are heard in the County Court by a District Judge.
• They can be heard in private or in open court.
• As District Judges receive training on how to handle small claims cases, they take an active part in the proceedings. (This is known as an inquisitorial approach).
• The District Judge will ask questions and make sure both parties have explained their points sufficiently.
• Legal funding for solicitors is not available and the parties are encouraged to represent themselves (litigants in person).

Question 3

Fast Track

Answer 3

• The fast track is used for straightforward cases where Cs claim is between £10,000 to £25,000, or £1,000 - £25,000 for personal injury.
• These cases are heard by a Circuit Judge in the County Court.
• The trial takes place in an open court with formal proceedings.
• As these are fast track cases, the Circuit Judge sets a very strict timetable for pre-trial matters to prevent time being wasted and to keep the cost of the case down.
• The aim is for the case to be heard within 30 weeks.
• The hearing is limited to one day,
• the number of witnesses each party can call is restricted, usually to one expert witness.

Question 4

MULTI TRACK

Answer 4

• Multi track cases are used for cases where Cs claim is over £25,000 or where the case is more complex (but under this amount).
• If the claim is under £50,000 the case is usually heard in the County by a Circuit Judge.
• However, if it involves over £50,000 the case is likely to be heard in the High Court by a Puisne Judge.
• In multi track cases, the judge actively manages the case from the outset by setting the timetable for hearings such as pre-trial reviews and case management conferences.